Integrity Legal

Those who track this blog may have noticed that there has been an increase in political activities which have disrupted the otherwise calm political and economic environment in the Kingdom of Thailand. There are many who feel that these disruptions are only temporary and will not prove detrimental over the long term. In the short term, individuals and businesses in Thailand are analyzing some new risks which have manifested themselves over the past 9-12 months. To quote directly from Westlawbusiness.com:

Several companies have recently disclosed risks arising from the political turmoil in Thailand. For example, Priceline.com, an online hotel auctioneer, recently disclosed that “civil unrest in Thailand, a key market for our Agoda business and the Asian business of Booking.com. This may result in “significant year-over-year declines in booking volumes in this market….Thailand has experienced disruptive civil unrest in prior years as well and continued or future civil or political unrest could further disrupt Agoda’s Thailand-based business and operations.”

Communication cable manufacturer General Cable is also reporting that it is subject to business risk arising from unrest in Thailand. The copper, aluminum, and fiber optic wire and cable products provider recently disclosed that its “business is subject to the economic, political and other risks of maintaining facilities and selling products in foreign countries. . . Thailand recently experienced significant political and militant unrest in certain provinces. The country’s elected government was overthrown in September 2006, with an elected government only recently restored.” [emphasis in original]

Political turmoil can have substantial unforeseen consequences for some businesses and business models operating throughout Asia. This is why retaining the assistance of local legal counsel can be advantageous for multinational corporations as professionals with on-the-ground knowledge of local business customs and practices can guide clients away from unforeseen legal, and in some cases; business, risks.

There are many, this author included, who feel that the current political turbulence in Thailand is simply a “bump in the road” eventually leading to overall tranquility and economic prosperity in the Kingdom of Thailand as well as the South East Asia region. Bearing that in mind, those wishing to establish a business or corporate presence in Thailand are well advised to conduct research and due diligence before making irrevocable business decisions as  maintaining a corporate presence in Bangkok, or the emerging markets in Cambodia, Laos, Burma (Myanmar), Malaysia, and Vietnam can be fraught with unforeseen legal and business issues which may not arise in jurisdictions such as the United States, the European Union, the United Kingdom, Australia, or Canada.

Many wishing to do business in Thailand opt to do so under a Thai Limited Company as this type of juristic person provides a measure of limited liability. Limited Liability is often one of the first methods employed by those wishing to hedge against unforeseen future business risks. American businesses may also enjoy many benefits pursuant to the language of the US-Thai Treaty of Amity. Regardless of the type of corporate structure, any foreigner wishing to work in the Kingdom of Thailand must obtain a Thai work permit prior to taking up employment pursuant to Thai labor law.

For related information please see: Bangkok Lawyer or Amity Treaty Company.

Tags: Amity Treaty Company, Asian Business, Bangkok Business, Bangkok Lawyer, Bangkok Riots, Cambodia Business, Malaysia Business, Myanmar Business, Southeast Asian Business, Thai Business, Thai Company Incorporation, Thai Company Setup, Thai Limited Company, Thailand Business, Thailand Business Risks, Thailand Company Formation, Thailand company registration, Thailand Political Turbulence, Upheaval in Thailand, US-Thai Treaty of Amity, Vietnam Business
Posted in Amity Treaty, Ecommerce, Thailand Business, Thailand company, Thailand Work Permit, US Business | No Comments »

This author has frequently discussed the myriad problems that Immigrants can face when dealing with an unlicensed American immigration “agent” or “specialist“. American law and Federal Regulations are clear regarding the issue of who is allowed to provide legal services in matters arising before the United States Citizenship and Immigration Service (USCIS) specifically; or any of the other agencies which are overseen by the Department of Homeland Security (DHS). Only licensed attorneys from the United States of America are able to provide consultations about US Immigration matters for a fee. Furthermore, only an attorney licensed by the Highest Court of least one US State, Commonwealth, or outlying territory is allowed charge fees to represent clients before DHS, including USCIS.

Unfortunately, there are some unauthorized organizations throughout the world claiming to be able to provide advice and assistance in American Immigration matters. The internet has proven to be a great tool for those wishing to research matters pertaining to United States Immigration. Meanwhile, it has also provided a platform for some operations which claim legal expertise without appropriate training or licensure. Such individuals and entities ought to be avoided at all costs since information transmitted to such individuals and entities may not be protected by the usual legal protections accorded to communications conveyed between an American attorney and their client. Furthermore, one who is not legally trained or not licensed to provide legal services in a given jurisdiction or about a particular subject cannot provide effective counsel nor lawful confidentiality to those seeking their assistance. This can be especially important to those conveying sensitive information about a case pending before an immigration tribunal, agency, US Embassy, or US Consulate abroad. Those engaged in the unauthorized practice of law in the aforementioned manner are thereby placing their own interests, as well as those of their unsuspecting “clients’”, in jeopardy.

When comparing the costs of legal service it is important to understand the pivotal role of licensure when making a decision to retain counsel. No licensed legal professional is likely to have a problem with prospective clients shopping for a reasonably priced service with a professional that they feel comfortable dealing with. In general, licensed American attorneys find that competition with other professionals makes for a healthy and prosperous business environment, but to compare the services of a licensed American immigration attorney with one who is not licensed to practice law creates a false comparison as US law is clear that those without licensure cannot provide the services which they claim they can provide in an immigration context. In short: one cannot compare a legal service with an illegal service from a price standpoint as an illegal service provider simply cannot provide such services at any price.

For further information please see: licensed lawyer. To learn more about US Immigration from Southeast Asia please see: US Immigration Law Thailand.

Tags: American Attorney, American Immigration, American Immigration law, American law, American Lawyer, American Visa, immigration specialist, licensed lawyer, Unauthorized practice of law, unlicensed practice of law, US attorney, US Immigration, US Immigration Law, US Immigration Law Thailand, US Immigration Lawyer, US Law, US lawyer, US Visa, visa agent
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, General Legal Information, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, lgbt immigration, National Visa Center, same sex visa, Thailand Business, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE, Visa Waiver | No Comments »

This author is a frequent reader of the Economist magazine. The legal service industry was the main topic of an article printed in a recent issue. This article succinctly and truthfully got to the heart of a significant issue in the international legal community, that of Legal Process Outsourcing. The whole dynamic in the legal service community is changing as a result of the internet, world wide web, and the ramifications thereof. These ramifications are being felt in other industries as well, but they seem to be having the most interesting impact upon the legal service industry because the industry, or more precisely; profession if used in a more individualized sense, has not had to retool its customary payment structure or hierarchy for a relatively long period of time. To better understand the significance of this development one needs to read some passages from the online article itself:

Lawyers hate keeping track of their billable hours. Clients hate them even more; each month they receive bills showing that their legal representatives have worked improbably long hours at incredibly high rates. Billing by the hour often fails to align lawyers’ interests with their clients’. The chap in the wig or the white shoes has an incentive to spin things out for as long as possible. His client would rather win quickly and go home. Since there is clearly a demand for an alternative to the billable hour, you would expect someone to supply it. And indeed, this is starting to happen.

Many legal tasks, although not quite easy, are variations on a theme. The production of a certain document (such as a trademark registration) does not differ vastly from one instance to another… Automating the automatable stuff allows lawyers to spend more time talking to the client.

One of the most important aspects of an attorney’s (or lawyer’s) job is direct contact with clients, Courts, or government agencies. The more time that an attorney can devote to direct interactions which result in direct, immediate or long term, benefits to clients, the better. The more services that a lawyer can provide, the better. The more satisfied clients, the better. In short, if a strategy, service, system, or technology works, and it is legal and ethical; then an attorney or lawyer should take all reasonable measures to provide the best service required based upon the totality of the circumstances in a given case. As the technological advances in developed countries and developing countries continue creating new avenues for efficiency in the legal profession, the overall situation is having a collateral impact upon the very practice of law in many parts of the world:

More and more firms’ in-house lawyers, who typically hire and manage outside lawyers, have turned to alternatives to the billable hour since the beginning of the global recession in 2008. According to a survey by the Association of Corporate Counsel (ACC), which represents companies’ in-house lawyers, 44% of members asked their lawyers for alternative billing to cut costs in 2009, more than any other cost-reducing measure. Susan Hackett, the ACC’s general counsel, says that just a few years ago what she calls “value-based” billing was only 3% of her members’ legal spending. Now, she says, surveys show the average client laying out between 15% and 30% of their legal spending this way.

The idea of so-called “value based” billing is an interesting one as this trend becomes increasingly prevalent. Many companies, individuals, and corporations have begun making increasingly informed decisions regarding the retention of legal counsel as many areas of the legal profession are becoming increasingly specialized in tandem with the demands of prospective clients. This sometimes requires attorneys and/or lawyers to practice law in a very narrow context. This can be problematic if over-specialization occurs and the lawyer finds their expertise is decreasingly in demand. Fortunately, a naturally occurring economic phenomenon in combination with recent advances in technology will hopefully see to it that lawyers and attorneys maintain diverse and highly unique areas of expertise across a field of areas while being able to provide advice and counsel for an increasingly large and novel set of practice areas. The aforementioned naturally occurring economic phenomenon is: The Long Tail. For those unfamiliar with this as an economic concept, it may be best to provide a quote from Wikipedia on the subject:

The Long Tail or long tail refers to the statistical property that a larger share of population rests within the tail of a probability distribution than observed under a ‘normal’ or Gaussian distribution. The term has gained popularity in recent times as a retailing concept describing the niche strategy of selling a large number of unique items in relatively small quantities…

The Long Tail’s statistical property noted above can also apply in a service context and this author would dare say that the ramifications in terms of demand for increasingly novel services in increasingly novel fields is astounding as more consumers (or prospective clients) demand services which did not even exist in the very recent past. This property can be extremely beneficial to those in the legal profession as demand for legal services will be further reinforced by the differing aspects of the laws and statutes in various jurisdictions. These statutory and structural legal differences can be explored for further efficiency in an international trade and business context. As the long tail continues to further stratify consumer demand, client needs will continue to evolve, thereby leading to new avenues for further expansion for legal service providers. By sorting out the issue of legal fee payment in an efficient manner law firms in the future can reap the rewards of new opportunities in the interstate, supranational, regional, and international business communities. Then, lawyers and/or attorneys can focus on providing cutting edge legal service while the client can enjoy more reasonable fee structures which accurately reflect the costs of an attorney’s, time, advice, and expertise. A final note from the Economist article may put it most succinctly:

Both sides can then focus on the case at hand, rather than the bill.

This is important to note as most attorneys or other legal professionals prefer practicing law or providing services to discussing fees. Although all can understand that fees are required before services can be rendered, many legal professionals feel that fee negotiation with clients is not an effective use of time compared to time spent actually providing services to clients. Therefore, the increasingly innovative legal services that are being required as the long tail reshapes the business world will provide innumerable benefits to legal service firms world wide while providing clients’ with peace of mind in knowing that bills will not become unreasonable nor will the level of service suffer due to lack of specific expertise in a given area.

For related information please see: ecommerce law.

Tags: E-Commerce, E-Commerce Attorney, E-Commerce Law, E-Commerce Lawyer, Ecommerce, Ecommerce Attorney, Ecommerce law, Ecommerce Lawyer, ECommerce Long Tail, Legal Process Outsourcing, Legal Processing, legal processing abroad, legal processing offshore, legal processing overseas, Legal Service Outsourcing, Long Tail, Long Tail Demand, Long Tail E-Commerce, Long Tail Ecommerce, Long Tail Economics, Long Tail Services, LPO, Offshore Legal Processing, Online Legal Service, The Long Tail
Posted in Ecommerce, General Legal Information, Legal Opinion, Legal Process Outsourcing, News, Thailand Business, US Business | 1 Comment »

A Thai prenuptial agreement (also referred to as a Thai prenup) can provide a great deal of protection for individuals should a marital union be dissolved. A premarital agreement can also be very beneficial because it can provide certainty and transparency for the parties to a marriage. That said, a prenuptial agreement (Thai or otherwise) should be drafted in such a way that it provides protection for one’s property or real estate holdings as well as corporate assets and financial instruments. In Thailand, ensuring that a prenuptial agreement comports with all applicable formalities can be difficult which is why it is always prudent to consult with a Thai lawyer regarding such matters. For those foreign nationals with assets outside of the Kingdom of Thailand it may also be wise to consult with an attorney in the jurisdiction where one resides or maintains property in order to take all reasonable measures to ensure the integrity of one’s estate.

In Thailand, a prenuptial agreement must be registered at the time of the marriage in order for it to be enforceable by Thai courts. In a way, it may be better to think of prenuptial agreements as simply “nuptial  agreements” as the agreement does not exist until the simultaneous registration of that document and the marriage. Many Americans in Thailand opt to register a prenuptial agreement prior to the marriage that will act as a basis for a US Marriage Visa.

Corporate Assets

For those with corporate assets in the form of stocks, bonds, mutual funds, or options it is always prudent to seek information regarding a prenuptial agreement as such an agreement could protect one’s corporate assets in the event of a marital dissolution. In Thailand, those who have an ownership interest in a Thai company are wise to research prenuptial agreements prior to marriage in order try to maintain one’s holding in the event of a divorce.

Thai Property

Although foreign nationals cannot own land in Thailand, there are other property interests that one may have pursuant to Thai law, these include, but are not limited to: Thai Condo ownership, Thai usufructs, Thai 30 year leases, etc. Those with Thai real estate should consider a Thai prenup prior to marriage registration.

Marriage is a major event in one’s life. It can also have a significant impact upon the legal posture of one’s assets and interests. Therefore, those with an eye towards marriage should consult with a family lawyer within one’s local jurisdiction prior to marriage registration in order to help ensure that one’s assets are properly protected.

Tags: prenuptial agreement Thailand, Thai Company, Thai prenuptial agreement, Thai Property, Thai Real Estate, Thailand Marriage, Thailand Marriage Registration, thailand prenuptial agreement, Thailand Property, Thailand Property Law, Thailand Real Estate, Thailand Real Estate Law
Posted in prenuptial agreement, Thai Family Law, Thailand Business, Thailand company, Thailand Condo, Thailand Marriage Registration, Thailand Property, Thailand Real Estate | No Comments »

In an effort to provide information upon which individuals can make informed decisions the following is a brief overview of the concept of limited liability and its practical applications. The following is a direct quote from Wikipedia:

Limited liability is a concept whereby a person’s financial liability is limited to a fixed sum, most commonly the value of a person’s investment in a company or partnership with limited liability. In other words, if a company with limited liability is sued, then the plaintiffs are suing the company, not its owners or investors. A shareholder in a limited company is not personally liable for any of the debts of the company, other than for the value of his investment in that company. This usually takes the form of that person’s dividends in the company being zero, since the company has no profits to allocate. The same is true for the members of a limited liability partnership and the limited partners in a limited partnership.^[1] By contrast, sole proprietors and partners in general partnerships are each liable for all the debts of the business (unlimited liability).

Although a shareholder’s liability for the company’s actions is limited, the shareholder may still be liable for its own acts. For example, the directors of small companies (who are frequently also shareholders) are often required to give personal guarantees of the company’s debts to those lending to the company. They will then be liable for those debts in the event that the company cannot pay, although the other shareholders will not be so liable. This is known as co-signing.

The legal structures used by individuals in an effort to enjoy limited liability have changed over the course of recent years. In the relatively distant past, many American jurisdictions required a great deal of formality when granting limited liability. In recent years, legislative measures have been taken in an effort to make conferment of limited liability more available to larger numbers of people and enterprises.

The creation of the Limited Liability Company (also known by its acronym LLC) was a watershed moment in American jurisprudence. To quote Wikipedia again:

A limited liability company (LLC), also known as a company with limited liability (WLL), is a flexible form of business enterprise that blends elements of partnership and corporate structures. It is a legal form of business company, in the law of the vast majority of United States jurisdictions, that provides limited liability to its owners. Often incorrectly called a “limited liability corporation” (instead of company), it is a hybrid business entity having certain characteristics of both a corporation and a partnership or sole proprietorship (depending on how many owners there are). An LLC, although a business entity, is a type of unincorporated association and is not a corporation. The primary characteristic an LLC shares with a corporation is limited liability, and the primary characteristic it shares with a partnership is the availability of pass-through income taxation. It is often more flexible than a corporation and it is well-suited for companies with a single owner.

It is important to understand that limited liability does not imply owners are always fully protected from personal liabilities. Courts can and do pierce the corporate veil of LLCs when some type of fraud or misrepresentation is involved, or under certain situations where the owner uses the company as an “alter ego.”

As can be inferred from the above quotation, Limited Liability Companies are an optimal tool for business in the global information age as they provide flexibility as well as mobility for an individual or small group of individuals seeking to provide goods and services to niche markets in the international arena. That said, there are certain legal issues that must be addressed when incorporating any venture and, as straightforward as a US LLC may first appear, there are formalities that must be adhered to when one wishes to organize an American LLC.

For related information please see: US Company Registration.

Tags: American Corporate LAw, American Limited Liability Law, American LLC, Limited Liability, Limited Liability Companies, Limited Liability Company, Limited Liability Company Law, Limited Liability Jurisprudence, United States Limited Liability Law, US Company Registration, US Corporate Law, US LLC
Posted in Thailand Business, US Business, US Company Registration, US LLC | No Comments »

In a recent posting on the website ThaiVisa.com the following was announced:

CHON BURI:– Immigration police here have arrested a Belgian man for having allegedly extorted money from his fellow Belgians by deceiving them that he is a police officer and advisor to the Belgian ambassador. Pol Col Athiswis Kamolrat, commander of the Chon Buri Immigration Police, held a press conference Thursday to announce the arrest of Jacobs Marc R.

Athiswis said the immigration police were asked by the Belgian Embassy in Bangkok to help make the arrest after several Belgian tourists filed complaints with the embassy that they were extorted out of money by Marc. Athiwis said Marc was arrested at his rented room in Bang Lamung district.

It is interesting to note the “tough” stance being taken by Thai Immigration authorities with regard to foreign criminals. It would appear as though Thai authorities are increasingly concerned with eradication of the foreign criminal element in the Kingdom. In a recent blog posting this author noted that the Royal Thai Immigration Police are taking measures to integrate their systems with those of the US and the international law enforcement community. It remains to be seen how effective this initiative will be in ascertaining the criminal history of foreign nationals in Thailand, but one can easily assume that Thai authorities will be placed on better notice of foreign criminals in the Kingdom.

In another story on the Pattaya One News website the following was reported:

Political unrest hit the tourism industry hard in May, causing arrivals and hotel occupancy to plummet in the central and northern provinces, says the Bank of Thailand.

Unfortunately, the recent political turmoil caused many setbacks for both businesses in and around Bangkok as well as the Thai tourism industry as a whole. Although the Thai government has been taking steps to assist businesses impacted by the recent unrest many feel that recovery will likely be slow and incremental. The problem is probably exacerbated by the worldwide economic crisis which has been particularly acute in countries such as the United States as well as parts of the European Union.

Thailand remains a strong economic player in Southeast Asia, but the confluence of recent events, both local and global, have caused a great deal of strain on the Thai business community. However, many feel that Thailand’s economy and tourism sectors are resilient and can overcome these recent obstacles.

For related information please see: warrant.

Tags: crime in Thailand, Extortion, News, Thailand Business, Tourism in Thailand, warrant
Posted in News, Thailand Business | No Comments »

In a recent posting on ThaiVisa.com, this issue of Thailand’s economic situation was discussed. In recent months, Thailand has been the victim of political turmoil, but many are hopeful that the future will bring tranquility and economic progress. To quote the aforementioned posting:

Bank of Thailand (BOT) Deputy Governor Bandid Nijathaworn yesterday listed the five factors as the global economic momentum, tourism recovery, drought conditions, trends in the policy interest rate and access to funding by small and mediumsized enterprises (SMEs). He said businesses, especially SMEs, must monitor these indicators closely, so they can adjust quickly to any situation. Bandid made his remarks at a seminar entitled “Thai SMEs in the Era of a Free Asian Economy”, hosted by Bangkok Bank. He said the first factor was whether the global economy would enjoy a healthy recovery.

The US economy has yet to pick up fully, while some European countries are experiencing public debt problems. However, many Asian countries are seeing strong economic growth, so if the US and European economies do not pick up more in the second half, Thai exports will have to focus more on Asian markets.
The second factor is the tourism industry. It recovered in six months after the 2003 Sars epidemic, five months after the 2004 tsunami and seven months after the 200809 [sic] political turmoil. It is expected to take six months to recover from the latest round of political turmoil, but that will also depend on the global economy and government measures to entice tourists back to Thailand. The third factor is the draught, and it remains to be seen how that will play out. The fourth one is the policy interest rate, which has been kept at a low 1.25 per cent in a bid to boost economic recovery. Many times, the BOT has indicated that if the domestic economy recovers and the global economic crisis abates, it may consider increasing the rate at an appropriate time.

The fifth factor that could affect second half economic growth is SMEs’ loan accessibility. SMEs have yet to enjoy full access to loans, which means they still suffer a high cost burden. Bandid said many commercial banks had stepped in to help SMEs gain easier access to loans. He believes the country’s economy will grow 45 per cent this year. Bandid said while Thailand’s economy showed positive growth in the first quarter, the economy was affected in the second quarter by the political turmoil. Tourism suffered severely from the chaos, but other key sectors were also hurt, such as agriculture, exports and real estate.

Many agree that it will be interesting to watch Thailand’s recovery as many are of the opinion that Thailand is set for further economic growth. Many Expatriates feel that although tourism figures are lower than desired the country’s many natural attractions will act as a catalyst for new growth in tourism. Furthermore, Thailand boasts of better infrastructure relative to many of the other jurisdictions in the region. Also, Thailand’s position as a key actor in the Association of SouthEast Asian Nations (ASEAN) will likely result in a better overall position for the Thai economy moving forward, when compared with other countries in the region.

Finally, Thailand’s positive relationships with countries such as the United States and Japan, as embodied in the US-Thai Amity Treaty and the Japanese-Thai Free Trade Agreement, respectively, are indicative of Thailand’s ability to effectively negotiate longstanding mutually beneficial trade arrangements. Some believe that Thailand’s economic situation remains poised for growth notwithstanding recent disturbances.

For information about business travel to Thailand please see: Thailand business visa.

Tags: Amity Treaty, Thai Business News, Thailand Business News, Thailand Business Visa, US-Thai Treaty of Amity
Posted in Amity Treaty, General Legal Information, News, Thailand Business | No Comments »

To see this post in English please see: LGBT immigration

ประเด็นที่มีการถกเถียงบ่อยๆบนบอร์ดนี้คือ สิทธิตามกฎหมายคนเข้าเมืองของ เลสเบี้ยน เกย์ ไบเซ็กชวล และ บุคคลแปลงเพศ ไม่นานมานี้กระทรวงต่างประเทศของสหรัฐอเมริกาประกาศระเบียบปฏิบัติใหม่ที่จะนำมาปรับใช้แก่ผู้ที่ต้องการขอมีหนังสือเดินแทนและแจ้งเกิดนอกราชอาณาจักร  เพื่อให้สอดคล้องกับการเปลี่ยนเพศ  ด้านล่างคือข้อความที่ตัดทอนมาโดยตรงจากประกาศ

กระทรวงต่างประเทศสหรํฐมีความยินดีในโอกาสเดือนแห่งศักดิ์ศรีชาวเกย์ เลสเบี้ยน ไบเซ็กชวล บุคคลแปลงเพศ ที่จะประกาศระเบียบนโยบายใหม่เกี่นวกับการเปลี่ยนเพศในหนังสือเดินทางและการแจ้งเกิดนอกราชอาณาจักร เริ่มตั้งแต่วันที่ 10 มิถุนายน เมื่อผู้ขอหนังสือเดินทางแสดงใบรับรองการผ่านการวินิจฉัยของแพทย์ว่าเป็นผู้ที่แปลงเพศโดยถูกต้องทางการแพทย์ หนังสือเดินทางใหม่จะออกให้ตามเพศใหม่ ระเบียบนี้รวมถึงรายละเอียดของข้อมูลที่ต้องมีในใบรับรอง มีความเป็นไปได้ที่จะขอหนังสือเดินทางที่มีกำหนดอายุหากว่ารายงานของแพทย์แสดงว่าผู้ขอหนังสือเดินทางอยู่ในระหว่างกระบวนการแปลงเพศ ไม่ต้องใช้บันทึกการรักษาพยาบาล การผ่าตัดแปลงเพศไม่จำเป็นต้องมีขึ้นก่อนการออกหนังสือเดินทาง การแจ้งเกิดนอกราชอาณาจักรยังสามารถเปลี่ยนแปลงแก้ไขได้ตามเพศใหม่ เช่นเดียวกับผู้ขอหนังสือเดินทางคนอื่นๆ เจ้าหน้าที่ออกหนังสือเดินทาง ณ สถานทูต และกงสุลในต่างประเทศ และ ตัวแทนและศูนย์ออกหนังสือเดินทางในประเทศจะถามคำถามที่จำเป็นเพื่อขอข้อมูลเกี่ยวกับสัญชาติและลักษณะจำเพาะบุคคล

นโยบายและวิธีปฏิบัติใหม่นี้ตั้งอยู่บนพื้นฐานและการปนะนำของ องค์กรสุขอนามัยบุคคลแปลงเพศโลก (WPATH) รับรองโดยแพทย์สภาอเมริกันให้เป็นผู้มีอำนาจในเรื่องนี้

ถึงแม้ว่าประกาศนี้จะทำให้เกิดวินาทีแปลงโฉมของสิทธิผู้แปลงเพศ ยังคงมีหลายๆคนที่รู้สึกเครียดกับปัญหาในการขอวีซ่าเข้าอเมริกาให้แก่คู่รักที่มีความสัมพันธ์แบบรักร่วมเพศโดยถูกต้อง ในปัจจุบัน กฎหมายเช่น พระราชบัญญัติเพื่อการสมรส ( DOMA) ยังไม่มีผลประโยชน์ทางกฎหมายคนเข้าเมืองสำหรับคู่สมรสร่วมเพศต่างสัญชาติ ในขณะที่บุคคลเพศเดียวกันได้รับผลประโยชน์ตามกฎหมายคนเข้าเมืองทั้งที่สมรสภายใต้เงื่อนไขเดียวกับคู่สมรสเพศเดียวกัน หลายคนรู้สึกว่าความแตกต่างนี้ไม่เป็นไปตามรัฐธรรมนูญและผิดกฎหมาย อย่างไรก็ตามประเด็นนี้ยังไม่ได้มีการวิเคาระห์ในศาลอเมริกัน

มีนักนิติบัญญัติอเมริกันบางท่านที่พยายามผลักดันร่างกฎหมายเพื่อยุติความไม่เท่าเทียมกันนี้ เช่นพระราชบัญญัติรวมครอบครัว หลายคนหวังว่า การปฏิรูปกฎหมายคนเข้าเมืองให้ครอบคลุมจะรวมเอาข้อบัญญัติเกี่ยวกับสิทธอทางวีซ่าของคู่รักเพศเดียวกันต่างสัญชาติเข้าไปด้วย

K1 วีซ่า

Tags: DOMA, K1 วีซ่า, lgbt immigration, LGBT passport, Passport transgender, same sex visa, US Passport Transgender
Posted in Thailand Business, สถานทูตสหรัฐอเมริกาประจำประเทศไทย, ้วีซ่าอเมริกาจากประเทศไทย | No Comments »

Recently, the website Thaivisa.com has reported that the Thai Ministry of Foreign Affairs has announced that the Tourist visa waiver program will be extended. The following is a direct quote from Thaivisa.com:

“Thailand extends tourist visa fee exemption scheme until 31 March 2011

BANGKOK: — The Royal Thai Government has extended the tourist visa fee exemption scheme that had expired in March 2010. As a result of the decision, foreign citizens that qualify for a tourist visa are not subjected to a visa fee. The exemption scheme will be in effect from 11 May 2010 until 31 March 2011 (the fee exemption is not extended to other types of visas).

For further information please contact the Consular Department, Ministry of Foreign Affairs of Thailand (662-981-7171)or the Royal Thai Missions or visit Visas and Travel Documents webpage.”

Although the impact of this program remains to be seen it can be assumed that this can only benefit the Thai Tourism sector, particularly in light of the recent disturbances in Bangkok. Hopefully, this fee waiver, along with a concerted effort by Thai Tourism authorities will lead to an increase in the annual number of tourists traveling to the Kingdom of Thailand.

It should be noted that this will likely not have any impact upon the fees associated with other categories such as the O visa and the ED visa. However, business travelers to Thailand still seem to be applying for the Thai business visa with the same frequency as was the case prior to the recent slump of travelers to Thailand.

Those interested in obtaining a Thai tourist visa should contact the nearest Royal Thai Embassy or Consulate. In the immediate vicinity of the Kingdom of Thailand the most popular destinations for “visa runs” are Laos, Malaysia, and Myanmar. Although Cambodia is a frequent destination for Thai visa runners it is not generally the location of choice for those wishing to obtain a new visa, but is instead rather popular for those who simply wish to travel to the border and get stamped in and out of Thailand.

The Royal Thai Consulate in Penang was once a popular locale for “visa runs,” but fewer visa runners seem to be using this post since they seem to only allow issuance of one Tourist visa per applicant. Recently the Thai Embassy Kuala Lumpur began requiring a that applicants have a work permit with a rather lengthy period of validity remaining  when applying for a 1 year Thailand business visa. This has caused many who seek 1 year Thai visas to opt to seek such travel documents at other Consulates.

For further information please see: Thailand Tourist visa.

Tags: Thai Business Visa, Thai Consulate Penang, Thai ED Visa, Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai O Visa, Thai Visa, Thailand Business Visa, Thailand Embassy Kuala Lumpur, Thailand Visa
Posted in Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Visa, Upcoming Legislation | 16 Comments »

In previous posts, this author has discussed visa runs and border runs. Another common method of obtaining lawful status in the form of a Thai visa is by traveling to Thai Embassies and Consulates outside of the Kingdom of Thailand. This can be a difficult endeavor for some, but the difficulty can be increased as Embassies and Consulates change their internal rules frequently. This is a by-product of doctrines similar to that of Consular Absolutism also known as Consular NonReviewability. This doctrine states, in a nutshell, that Consular Officers are given wide latitude to use their own discretion when making factual determinations about visa issuance.

Recently, this author has learned that the Royal Thai Embassy Kuala Lumpur will no longer issue the 1 year multiple entry Thai business visa to those with a work permit that is valid for less than 7 months. In the past, it was routine to see the 1 year Thailand business visa issued to those with a valid work permit regardless of the duration of its validity. Now, it seems that only a 90 day business visa will be granted to those with a Thai work permit that is valid for less than 7 months.

In recent years, the Thailand work permit and the Thailand visa have been effectively “decoupled” in the sense that one is no longer necessarily dependent upon the other. For a long period of time one had to have a work permit in order to obtain a Thai visa extension. Once that extension was obtained one needed to then extend the work permit so that the two documents’ validity were in sync. This has changed as the Ministry of Labour is more apt to grant a 1 year work permit to first time applicants and then the applicant can easily obtain a visa extension. The side effect of this system is that Thai Embassies and Consulates are increasingly less willing to issue one year Thai visas since their personnel view the decision regarding issuance of such a long term travel document ought to be made by the Royal Thai Immigration Police in the Kingdom of Thailand.

When analyzed, this policy makes sense as the Royal Thai Immigration Police in Thailand are often better equipped to adjudicate visa extension requests. However, there are often very compelling reasons why an applicant would wish to obtain a 1 year multiple entry visa from outside of Thailand. One notable reason, such a travel document would not require the issuance of a Thai Reentry Permit as would be necessary if a one year visa extension were issued.

It should be noted that each Thai Consular and/or Diplomatic Post has a different set of rules with regard to visa issuance so what is the rule at one post may not be the same at another.

Tags: Consular Absolutism, Consular Nonreviewability, Royal Thai Embassy, Royal Thai Embassy Kuala Lumpur, Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai Immigration, Thai Visa, Thai Visas, Thai Work Permit, Thailand Embassy Kuala Lumpur, Thailand Immigration, Thailand Visa, Thailand Visas, Thailand Work Permit, Visa Thailand, work permit Thailand
Posted in Legal Opinion, Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Visa | No Comments »